Supportive Living Facility Properly Denied Entry to Occupant

Occupant sued program operator, claiming unlawful entry and detainer, after the operator denied him entry to a room he shared in a supportive living facility for people with substance abuse problems. The court ruled for occupant, finding that he was a tenant and that operator must start a summary proceeding in housing court to remove him. The operator appealed and won. In a "Resident Attestation," occupant acknowledged that he had no tenancy rights. Landlord claimed that he was a licensee, not a tenant. And the operator didn't grant occupant exclusive dominion and control of a specifically identified portion of the building. There also were no locks on any of the dormitory-style rooms. So occupant was a licensee. And since a licensee doesn't have "possession," he can't maintain a claim for unlawful entry and detainer. Occupant wasn't in possession of a room, and the supportive living facility that he shared a room in wasn't a "rooming house." 

Andrews v. Acacia Network: 2018 NY Slip Op 28026, 2018 WL 735643 (App. T. 2 Dept.; 2/2/18; Pesce, PJ, Weston, Aliotta, JJ)